Licensing agreements

New Here ,
Aug 14, 2019 Aug 14, 2019

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Hello everybody,

within the framework of a video commissioned by us from an agency, we came across licensing issues.

On our behalf, the agency purchased video footage from Adobe Stock and integrated it into the video.

It is not quite clear to us from Adobe's licensing agreements whether we may publish the footage

purchased from the agency for other purposes on our homepage.

Can you help me in this case?

Regards Ann-Kathrin

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LEGEND ,
Aug 14, 2019 Aug 14, 2019

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I don't have an answer but licensing info is explained here in basic terms and there is more explanation. Notice that there are different licenses available, so you need to start by knowing which license was paid for.

There is also the copyright which will (in most countries) belong to the agency NOT to you (you only paid them to make it, not for all rights, unless you had a contract to say so), so you need to establish what the agency license permits.

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Adobe Community Professional ,
Aug 14, 2019 Aug 14, 2019

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https://forums.adobe.com/people/Test+Screen+Name  wrote

There is also the copyright which will (in most countries) belong to the agency NOT to you (you only paid them to make it, not for all rights, unless you had a contract to say so), so you need to establish what the agency license permits.

True. Example Germany. You can't buy the (c) but only the right to use under the conditions the work has been commissioned.


But we are talking here about stock footage, where the license to use has been acquired by an agency on behalf of a different company.

ABAMBO | Hard- and Software Engineer | Photographer

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Adobe Community Professional ,
Aug 14, 2019 Aug 14, 2019

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Discussion successfully moved from Adobe Creative Cloud to Adobe Stock

Well, if the agency bought the footage on your behalf and you have signed a licensing agreement with them that you acknowledge Adobes licensing terms (or otherwise made clear that you feel to be bound to the terms), you can use the footage for other use. You just can't use the footage like that and offer it to download on the viewers computers.


I suppose you will post a different edit of something containing the stock footage? Then it's no problem.

ABAMBO | Hard- and Software Engineer | Photographer

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LEGEND ,
Aug 14, 2019 Aug 14, 2019

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"But we are talking here about stock footage, where the license to use has been acquired by an agency on behalf of a different company." That's true, but since the agency will have used the stock footage to make a new creative work, there are now two rights holders to deal with, not one... ! It's easy to overlook this increase in rights holders, and may people who commission work assume they own it, or can freely use it in other derived works.

Unless the question  "whether we may publish the footage purchased from the agency " means "can we take the original stock footage that the agency purchased and use that (whether by taking the original stock footage, or by removing other parts until only the stock footage is available)" ... the answer to that one sounds a definite NO.

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Adobe Community Professional ,
Aug 14, 2019 Aug 14, 2019

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They can use the Adobe stock footage to create new derived work. So they can use the footage for what ever they need to do by respecting the Adobe licensing agreement. They can't publish the unmodified stockage for download on their website, but that's prohibited from the Adobe licensing terms.

It's like always complicated.

So:

whether we may publish the footage purchased from the agency for other purposes

unmodified: NO

incorporated in a different derived work: YES.

Do they need the agency for this: That depends on the contracts they have with the agency. Normally agencies do not forward the unmodified stock. Part of their know-how is also to know how to search and find the stock needed. That's what I would like to get remunerated for as a service provider. Therefore my contract would be so that I would keep all the source files in my repository.

And as a client it's what I pay extra if I want to incorporate "their" footage (own and stock) in a new derived work (with or without their help). And to be honest, the 60$ stock footage does not make the price of the product.

ABAMBO | Hard- and Software Engineer | Photographer

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